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second treatise of government-第36章

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d he has no lawfull authority; whilst force;  and not choice; compels them to submission。

     Sec。 190。  Every man is born with a double right: first; a  right of freedom to his person; which no other man has a power  over; but the free disposal of it lies in himself。  Secondly; a  right; before any other man; to inherit with his brethren his  father's goods。      Sec。 191。  By the first of these; a man is naturally free  from subjection to any government; tho' he be born in a place  under its jurisdiction; but if he disclaim the lawful government  of the country he was born in; he must also quit the right that  belonged to him by the laws of it; and the possessions there  descending to him from his ancestors; if it were a government  made by their consent。      Sec。 192。  By the second; the inhabitants of any country;  who are descended; and derive a title to their estates from those  who are subdued; and had a government forced upon them against  their free consents; retain a right to the possession of their  ancestors; though they consent not freely to the government;  whose hard conditions were by force imposed on the possessors of  that country: for the first conqueror never having had a title to  the land of that country; the people who are the descendants of;  or claim under those who were forced to submit to the yoke of a  government by constraint; have always a right to shake it off;  and free themselves from the usurpation or tyranny which the  sword hath brought in upon them; till their rulers put them under  such a frame of government as they willingly and of choice  consent to。  Who doubts but the Grecian Christians; descendants  of the ancient possessors of that country; may justly cast off  the Turkish yoke; which they have so long groaned under; whenever  they have an opportunity to do it?  For no government can have a  right to obedience from a people who have not freely consented to  it; which they can never be supposed to do; till either they are  put in a full state of liberty to chuse their government and  governors; or at least till they have such standing laws; to  which they have by themselves or their representatives given  their free consent; and also till they are allowed their due  property; which is so to be proprietors of what they have; that  no body can take away any part of it without their own consent;  without which; men under any government are not in the state of  freemen; but are direct slaves under the force of war。      Sec。 193。  But granting that the conqueror in a just war has  a right to the estates; as well as power over the persons; of the  conquered; which; it is plain; he hath not: nothing of absolute  power will follow from hence; in the continuance of the  government; because the descendants of these being all freemen;  if he grants them estates and possessions to inhabit his country;  (without which it would be worth nothing) whatsoever he grants  them; they have; so far as it is granted; property in。  The  nature whereof is; that without a man's own consent it cannot be  taken from him;      Sec。 194。  Their persons are free by a native right; and  their properties; be they more or less; are their own; and at  their own dispose; and not at his; or else it is no property。   Supposing the conqueror gives to one man a thousand acres; to him  and his heirs for ever; to another he lets a thousand acres for  his life; under the rent of 501。  or 5001。  per arm。  has not the  one of these a right to his thousand acres for ever; and the  other; during his life; paying the said rent? and hath not the  tenant for life a property in all that he gets over and above his  rent; by his labour and industry during the said term; supposing  it be double the rent?  Can any one say; the king; or conqueror;  after his grant; may by his power of conqueror take away all; or  part of the land from the heirs of one; or from the other during  his life; he paying the rent? or can he take away from either the  goods or money they have got upon the said land; at his pleasure?   If he can; then all free and voluntary contracts cease; and are  void in the world; there needs nothing to dissolve them at any 

time; but power enough: and all the grants and promises of men in  power are but mockery and collusion: for can there be any thing  more ridiculous than to say; I give you and your's this for ever;  and that in the surest and most solemn way of conveyance can be  devised; and yet it is to be understood; that I have right; if I  please; to take it away from you again to morrow?      Sec。 195。  1 will not dispute now whether princes are exempt  from the laws of their country; but this I am sure; they owe  subjection to the laws of God and nature。  No body; no power; can  exempt them from the obligations of that eternal law。  Those are  so great; and so strong; in the case of promises; that  omnipotency itself can be tied by them。  Grants; promises; and  oaths; are bonds that hold the Almighty: whatever some flatterers  say to princes of the world; who all together; with all their  people joined to them; are; in comparison of the great God; but  as a drop of the bucket; or a dust on the balance;  inconsiderable; nothing!      Sec。 196。  The short of the case in conquest is this: the  conqueror; if he have a just cause; has a despotical right over  the persons of all; that actually aided; and concurred in the war  against him; and a right to make up his damage and cost out of  their labour and estates; so he injure not the right of any  other。  Over the rest of the people; if there were any that  consented not to the war; and over the children of the captives  themselves; or the possessions of either; he has no power; and so  can have; by virtue of conquest; no lawful title himself to  dominion over them; or derive it to his posterity; but is an  aggressor; if he attempts upon their properties; and thereby puts  himself in a state of war against them; and has no better a right  of principality; he; nor any of his successors; than Hingar; or  Hubba; the Danes; had here in England; or Spartacus; had he  conquered Italy; would have had; which is to have their yoke cast  off; as soon as God shall give those under their subjection  courage and opportunity to do it。  Thus; notwithstanding whatever  title the kings of Assyria had over Judah; by the sword; God  assisted Hezekiah to throw off the dominion of that conquering  empire。  And the lord was with Hezekiah; and he prospered;  wherefore he went forth; and he rebelled against the king of  Assyria; and served him not; 2 Kings xviii。  7。  Whence it is  plain; that shaking off a power; which force; and not right; hath  set over any one; though it hath the name of rebellion; yet is no  offence before God; but is that which he allows and countenances;  though even promises and covenants; when obtained by force; have  intervened: for it is very probable; to any one that reads the  story of Ahaz and Hezekiah attentively; that the Assyrians  subdued Ahaz; and deposed him; and made Hezekiah king in his  father's lifetime; and that Hezekiah by agreement had done him  homage; and paid him tribute all this time。



                      CHAP。  XVII。

              
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